Features
The Real-World Impact of the Yates Memo
The DOJ is focused on prosecuting individuals who are responsible for corporate wrongdoing, and corporations must be prepared to provide all available facts about the individuals responsible for the wrongdoing if they wish to receive any cooperation credit from the DOJ. This is the thrust of the DOJ's "Yates Memo."
Personal Jurisdiction Roundup
The issue of whether a court has personal jurisdiction over a party in an entertainment industry lawsuit is determined, as in other types of litigation, on a state-by-state basis, subject to whether this jurisdiction meets due process. The case outcomes vary.
Features
FLSA Litigation
Recently, several federal district courts and circuit courts of appeals have rendered decisions uncharacteristically protective ' or, some have argued, paternalistic ' toward plaintiffs in Fair Labor Standards Act (FLSA) cases.
IP News
A Patent on the Method of Filtering Internet Content Survives '101 Challenge <br>Public Interest Factor Does Not Bar a Permanent Injunction Against a Direct Competitor<br>Patent Owner Does Not Have to Prove Non-Obviousness In IPR Proceedings
Features
Why International Litigants Are Using Chapter 15 to Optimize Financial Recoveries in Foreign Insolvency Proceedings
While it is now a well-trodden path for foreign office holders seeking more traditional ancillary assistance, Chapter 15 continues to evolve as enterprising U.S. legal advisers and foreign office holders team up to deploy progressively novel cross-border strategies.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Class Certification Denied in Facebook Privacy Suit
A federal judge in San Jose has denied class certification in a long-running case claiming that Facebook Inc. disclosed users' personally identifiable information to advertisers when they clicked on some Facebook ads.
Features
Medical Care or General Negligence?
When an injury occurs in a medical setting, the correct means of bringing suit to compensate the plaintiff may be a medical malpractice claim. On the other hand, it may be more appropriate to assert general negligence. The difference could prove crucial.
Bit Parts
Breach of Contract Claim Can Proceed over Cruz Campaign's Use of Songs in Videos<br>Music-Related Movie with Same Title as Band Doesn't Infringe Band's Trademark<br>No Trademark or Trade Dress Violations Seen in Copying Karaoke Products
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MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›